? Article 63 of the Civil Procedure Law of People's Republic of China (PRC) stipulates seven types of evidence, such as documentary evidence, material evidence, audio-visual materials, witness testimony, statements of parties, transcripts of inquests and expert conclusions. Audio-visual materials as legal evidence in civil proceedings include audio-visual materials, audio-visual materials and electronic data. 1April 2002 "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (20011Feb.21Fa Shi No.33) clearly explains the use of sound evidence: "As long as the legitimate rights and interests of others are not infringed, there is no infringement. [1] "The new judicial interpretation has reduced the difficulty for the parties to give evidence. For example, if one party refuses to accept an oral agreement formed in non-governmental economic exchanges, then secret recording is an important means for the other party to fix evidence afterwards. With the continuous progress of science and technology and the improvement of people's living standards, telephones, tape recorders, cameras, etc. They have gained great popularity, especially their miniaturization and automation functions, which provide favorable conditions for citizens to obtain audio-visual evidence needed for litigation.
China's Civil Procedure Law clearly stipulates that "evidence should be presented in court and cross-examined by the parties [2]". In civil litigation cases, the plaintiff, the defendant and their agents have the right to apply to judicial organs for identification. According to the existing laws and regulations, once this application is approved, the power of entrustment to appoint or hire an appraiser shall be exercised by the judicial organs [3]. Because the plaintiff and the defendant have equal legal status in civil litigation, it is generally difficult for witnesses to provide sound samples needed for identification when using recorded materials as litigation evidence and requiring voiceprint identification; However, social service-oriented judicial authentication institutions not only require the authenticated object to have the right to cooperate in collecting voice samples, so it is very difficult to collect voice samples for voiceprint authentication in such cases, especially when the recorded person refuses to cooperate, and the quality of voice samples is difficult to guarantee. For this reason, this paper will mainly discuss how the social service-oriented judicial authentication institutions collect voice samples of voiceprint authentication in civil litigation cases.
? First, the basic requirements for collecting voice samples
? Voiceprint refers to the spectrum of sound waves displayed by a spectrograph (phonetics called phonograph). In phonetics, it is called phonograph, and in forensic medicine, it is usually called voiceprint. Voiceprint recognition (voice? Identification) refers to the process of detecting, comparing and comprehensively analyzing the phonetic acoustic characteristics of unknown people's speech materials (samples) and known people's speech materials (samples) by spectrograph to determine whether they are the same or not. Because the quality of voice samples is directly related to the accuracy of the appraisal conclusion, we should strictly follow the principles of voice sample collection and master the basic methods of voice sample collection in practical work to ensure the authenticity, sufficiency and legitimacy of the collected voice samples.
? (a) the authenticity of the voice sample means that the voice as a sample in the voice sample must be the voice of the authenticated person, and it is a true reflection of the voice habit of the authenticated person. Therefore, when collecting voice samples, we must first carefully verify the identity of the recorded person to ensure that the voice in the sample is the voice of the authenticated person; Secondly, in the process of sample collection, we should fully consider the psychology of the recorded person, pay attention to whether the recorded person's voice shows signs of intentional change or disguise according to the specific reality, and take corresponding measures to prevent it from disguising its voice, so as to ensure that the recorded sound samples are the real voice habits of the recorded person.
? (2) Adequacy of speech samples means that a certain number of sentences or words with the same content as the tested materials in the speech samples can meet the basic requirements of recognition. Due to the different recording equipment of voice samples and the psychological influence of the recorded person, such as motivation, emotion, language environment, etc., the collected voice samples may change the voice of sentences or words with the same content as detected. Therefore, when collecting voice samples, it is required that a certain number of sentences or words are the same as the detected content in the voice samples. Because the more phonetic samples there are, the more opportunities the speaker has to express his phonetic features, and the more comprehensive the phonetic features he reflects, so that the forensic expert can better grasp the phonetic features of the speaker in different situations and their changing rules. Generally speaking, when collecting voice samples, the recording time of speaking to the appraiser should be 10-20 minutes, and the words with the same content should be about 3 sentences or more than 7 words. If necessary, you can ask the recorded person to repeat some key words or sentences.
(3) The collection methods of voice samples are divided into public collection and secret collection. For civil litigation cases, public collection is generally adopted, but when the parties refuse to cooperate or respond negatively, it is best to use secret collection with the cooperation of the presiding judge, or use voice data from other formal occasions as voice samples. For example, in a telephone recording appraisal commissioned by the People's Court of XX City, Guangdong Province, the client (defendant) spoke Hakka in the examination materials, but when recording the voice samples, the client claimed that he could not speak Hakka, but only spoke Mandarin and Cantonese, and refused to cooperate. However, his Putonghua obviously has a Hakka accent, and his Cantonese is also very nonstandard, and even simple common words are not pronounced correctly, showing obvious signs of disguise. With the cooperation of the presiding judge, in the presence of the defendant's defense lawyer, by looking for other people to talk with the defendant, the defendant was recorded by telephone to collect samples and obtain real sound samples. Therefore, in practice, we generally let both parties (preferably both defense lawyers are present) participate in the whole process of sample collection with the judge, and form written materials, which are stamped or signed by the relevant units or parties.
Second, the preparation work before collecting voice samples
(a) to review the materials. The main purpose is to understand the recorded conversation content and conversation context, to prepare for the design of voice sample collection scheme, and to sort out the written materials of the conversation content when necessary.
(2) Design and record the contents of sound samples. According to the basic situation and identification requirements of the case, on the basis of listening to the sample content in detail, combined with the specific reality of the recorded person, a detailed voice sample content recording scheme is designed.
? (3) make a transcript of the conversation. The main contents of the conversation record include the names of the original defendant and the defendant, ID number (check ID card), whether the two sides recognize each other's identity, the time and place of the conversation, recording equipment, methods, detailed process, master tape and other details. The interrogation record shall be signed and approved by the original defendant and the judge.
? (4) Check the recording equipment. The inspection of recording equipment includes the inspection of tape recorders, tapes and microphones. In the process of recording, it is best to have more than two recording devices at the same time (if there is a recording device for recording samples, it should be used to record samples at the same time) to ensure the smooth progress and recording effect of the recording work. It would be better if you could use the original recording equipment to record the samples.
? (5) Turn off communication tools such as mobile phones. In the process of recording voice samples, when the mobile phone calls or receives information, it will produce electromagnetic signals that interfere with the recording, and will also cause emotional fluctuations of the recorded person, which will affect the quality of voice sample collection. Therefore, communication tools such as mobile phones must be closed as required.
Thirdly, the specific method of collecting sound samples.
(1) records the first word of the speech sample. The title of the sound sample mainly includes the names of the recorder, the recorded person and the witness, the time, place and content of the recording sample, the sound sample of which case the sample is used, and the statement that the sample content is not directly used as litigation evidence but only used as the sound sample needed for voiceprint identification in this case. For example, it's 9: 40 a.m. on/KOOC-0/month/KOOC-0/0, 2004, and the judicial expertise center of ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× All the speeches made by the recorded person in this recording are not used as litigation evidence, but only as sound samples needed for voiceprint identification in this case.
? (2) Recording according to the designed voice sample content. When collecting in public, in the process of recording, the recorded person should be required to speak in the tone of the sample as much as possible according to the designed content. The specific content is repeated more than three times. If the recorded person deliberately slows down and changes his pronunciation habits, the recorded person can ask questions in the process of recording samples, so that the recorded person can relax his vigilance during the conversation, so as to obtain an undisguised voice sample. In secret collection, the recorded person should be able to speak according to the phonetic habits in the collected materials and repeat the key words or sentences many times according to the designed plan.
? (3) Listen to the recording effect of sound samples. After recording as planned, check the recording effect of voice samples. If vague sounds, echoes and noises are found, measures should be taken to remedy them in time.
[References]
[1] How to obtain legal and effective audio-visual evidence [EB/OL].
[2] Bi Yuqian. Civil evidence law and its procedural function [M]. Beijing Law Publishing House, 1997.372
[3] He Jiahong. Introduction to judicial expertise [M]. Beijing: Law Press, 2000+063.
[4] Liu Wen. China encyclopedia of criminal science and technology. File check [Z]. Beijing: Chinese People's Public Security University Press, 2003.658.
[5] Liu Wen. China encyclopedia of criminal science and technology. File check [Z]. Beijing: China People's Public Security University Press, 2003.696.
Yue Junfa, Wang Yingli. Voiceprint recognition [M]. Beijing: Police Education Press, 1938+03.
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